For all other offences covered by the Sentencing Council’s sexual offences definitive guidelines, the Courts must have regard to the Sentencing Council’s Guideline on Sentencing Children and Young People.

Crimes can occur between strangers, friends, acquaintances, current or ex-partners, or family members. The passage of time does not prevent the effective prosecution of sexual offences, and an increasing number of cases referred to the CPS by police feature allegations of a non-recent nature. Where a child is under 13, prosecutors should charge an offence, if appropriate, under sections 5 - 8. Consent is not in issue. It does not matter if a child of 16 or 17 consents to the activity, it is those who exploit children who commit the criminal act. The offence is available if the act amounted to an assault (i.e it was non-consensual). Non-consensual anal intercourse should be charged as rape for incidents occurring on or after 3 rd November 1994.Coercion and manipulation often feature in abusive situations so that the child or young person does not understand what is happening. Offenders may groom the child or young person and their family and friends, gaining their trust or they may make threats. Sometimes, the offender may exert control but implicating the victim in other criminal activity (e.g. possession of illegal drugs or shoplifting). Some offenders may claim that the victim has brought shame on their family. Prosecutors should be aware of cultural barriers to reporting such abuse.

Any potential adverse impact of a prosecution on the child or children born as a result of the relationship requires careful consideration. Furthermore, it is a requirement that A carries out the activity “on a regular basis”, to avoid an approach that is too broad and capture someone who only helps with a coaching session, say, on one occasion or infrequently.The definition of consent has caused some academics to raise concerns about the way consent is interpreted. Bethany Simpson has suggested the terms "freedom" [14] and "choice" [14] used to define consent are too complex for the courts to apply. [15] Underage persons [ edit ] Prosecutors should apply the same approach to public interest considerations as for offences under the Sexual Offences Act 2003. Sexual Offences Act 2003: Code for Crown Prosecutors – Child defendant (under 18)". Legal Guidance. Crown Prosecution Service. Archived from the original on 18 May 2012 . Retrieved 7 June 2023.